Terms of Service

Oct 5, 2021

Terms of Service

These terms of service (the  “Terms”) tell you the terms on which you may use the Mindstone Service  that Mindstone makes available through https://app.mindstone.com and the Mindstone app.

Please  read these Terms carefully before you start to use the Mindstone  Service. By using the Mindstone Service, you confirm that you accept  these Terms and that you agree to comply with them. If you do not agree  to these Terms, you must not use the Mindstone Service.

These Terms should be read alongside our Privacy Policy (available at: https://www.mindstone.com/privacy-policy).


1.1.  The Mindstone Service is provided by Mindstone Learning Limited, a  company registered in England and Wales (company number 12535319) having  its registered address at 190 High Holborn, London, England, WC1V 7BH (“Mindstone”, “we”, “us” and “our”).

1.2. Our VAT registration number is GB346178581


2.1 In these Terms, the following words shall have the meanings given to them below:

- “App” means the Mindstone app;

-  “Mindstone Service” means the digital information management and  sharing platform that Mindstone makes available through the Website and  the App with features allowing you to organise, annotate and share Your  Content (among other matters) (“Insights”), and create, edit and upload  educational and non-educational courses for other users of Mindstone  Service to view (“Courses”);

- “Third Party Content” means any  content uploaded to the Mindstone Service by any other user of the  Mindstone Service; - “Website” means https://app.mindstone.com; and

- “Your Content” has the meaning given in section 8.1.


3.1 You can contact us in the following ways:

3.1.1 by email at: [email protected];

3.1.2 by post at: Mindstone Learning Limited, 190 High Holborn, London, England, WC1V 7BH; or

3.1.3 through the chat facility available on our Website.


4.1  We will mainly contact you by email using the details you provided when  creating your account. As such, you must notify us as soon as possible  if any of your details change.

4.2 We may also contact you by posting messages on the Mindstone Service where appropriate.


5.1  The Mindstone Service is still in “beta” which means we are continuing  to test and develop the Mindstone Service and fix any bugs and faults.

5.2 We therefore provide the Mindstone Service on an "as is" and "as available" basis with all faults and bugs.

5.3 We do not guarantee that the Mindstone Service will always be available or be uninterrupted.

5.4 We may suspend, withdraw, discontinue or change all or any part of the Mindstone Service without notice.

5.5 You agree that your use of the Mindstone Service is at your own risk.

5.6 We will not be liable to you if for any reason the Mindstone Service is unavailable at any time or for any period.

5.7  Unless specifically stated otherwise, any new features, services or  software applications introduced shall be subject to these Terms.


6.1 You must be 13 or older to create an account with us.

6.2 Your use of the Mindstone Service is for personal use whether in a private or professional or business capacity.

6.3  We may suspend or terminate your account and access to the Mindstone  Service if any information provided proves not to be accurate or  current.

6.4 You are responsible for maintaining the  confidentiality of your account details, including your passwords or any  other piece of information that forms part of our security procedures.  You authorise us to act on instructions received under your account and  we will not be liable for any loss that you might suffer through  following such instructions whether by you or another person.

6.5  You must contact us immediately if you believe that your account has  been compromised or if you believe that the security of your account is  at risk.

6.6 You are responsible for all activity under your account even if someone else uses your account.


7.1  We grant you a limited, non-exclusive, non-transferable licence to  install and use the Mindstone Service on your mobile and/or desktop  device in accordance with these Terms.

7.2 All intellectual  property in the Mindstone Service (including the screen displays, the  content, the text, graphics and look and feel of the Mindstone Service),  belongs to us or our licensors. All trademarks, service marks, company  names or logos are the property of their respective holders. Any use by  you of these marks, names and logos may constitute an infringement of  the holders' rights. We do not warrant that the Mindstone Service does  not infringe any intellectual property rights of third parties.

7.3  In the event of any claim that the Mindstone Service or your lawful use  of the Mindstone Service infringes a third party’s intellectual  property rights, we will be solely responsible for the investigation,  defence, settlement and discharge of any such claim.

7.4 You may  not reproduce, republish, transmit or distribute any material,  information or content on the Mindstone Service or that form part of our  services without our prior written consent, except in relation to Your  Content or Third Party Content which may be distributed in accordance  with the sharing feature of the Mindstone Service.

7.5 When using the Mindstone Service, you may not:

7.5.1 circumvent, disable or otherwise interfere with any security related features of the Mindstone Service;

7.5.2 permit another person to use the Mindstone Service on your behalf unless such person is authorised by you;

7.5.3 use the Mindstone Service if we have suspended or banned you from using it;

7.5.4 use the Mindstone Service in any way that breaches any applicable local, national or international law or regulation;

7.5.5 upload or share content that:

a. is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;

b. is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or

c. violates the privacy or other rights of third parties;

d.  advocates bigotry or hatred against any person or group of people based  on their race, religion, ethnicity, sex, gender identity, sexual  orientation, disability or impairment;

7.5.6 advocate, promote or  engage in any illegal or unlawful conduct, including any criminal  activity, or conduct that causes damage or injury to any person;

7.5.7 modify, interfere with, intercept, disrupt or hack the Mindstone Service;

7.5.8  misuse the Mindstone Service by knowingly introducing viruses, Trojans,  worms, logic bombs or other material which would harm the Mindstone  Service or any user of the Mindstone Service’s own equipment;

7.5.9 collect any data from the Mindstone Service other than in accordance with these Terms; or

7.5.10  use any automated system including, without limitation, “robots”,  “spiders” or “offline readers” to access the Mindstone Service in a  manner that sends more request messages to the Mindstone Service than a  human can reasonably produce in the same amount of time,

(together referred to as the “Rules of Acceptable Use” in these Terms).

7.6  Failure to comply with the Rules of Acceptable Use constitutes a  serious breach of these Terms and may result in us taking all or any of  the following actions (with or without notice):

7.6.1 removal of Your Content (as defined below in section 8.1);

7.6.2 immediate, temporary or permanent withdrawal of your right to use the Mindstone Service;

7.6.3 issuing a warning to you; or

7.6.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.7  The responses described in section 7.6 above are not limited and we may  take any other action we reasonably deem appropriate.

7.8 We  reserve the right, in our sole discretion and without notice to you, to  terminate your access and to prevent future access by you to the  Mindstone Service.


8.1 When you use the  Mindstone Service, you may upload from your own device or from third  party websites using our URL tool to the Insights and Courses content  and materials, including but not limited to notes, articles, videos,  podcasts, PDFs, reviews, Courses or other material (“Your Content”).  These Terms do not give us any rights to Your Content except for the  limited rights that enable us to offer the Mindstone Service.

8.2  To provide the Mindstone Service and other features, Mindstone accesses,  stores and scans Your Content. You hereby give us permission to provide  these services.

8.3 You may use the Mindstone Service for lawful  purposes only. Accordingly, you may only upload whether directly or  using our URL

tool Your Content on the Website and/or the App if you have the right to do so.

Please  note that Your Content may be subject to third party intellectual  property rights and/or other restrictions on use. You must not upload, ,  modify or share content using the Mindstone Service unless you have the  right to do so. In particular, by posting Your Content you promise that  Your Content:

8.3.1 is original to you and/or is licensed and fully cleared to permit us to use Your Content in accordance with the Terms;

8.3.2 was produced in compliance with all applicable laws and regulations;

8.3.3 does and will not, in any way, violate or breach any of these Terms;

8.3.4  does not contain libellous, tortious, or otherwise unlawful  information, infringe or violate any copyright or other right, or  contain any matter the publication or sale of which will violate any  applicable law or regulation;

8.3.5 is not obscene or in any other manner unlawful; and

8.3.6 shall not be injurious to the health of any user.

8.4  You promise that Mindstone shall not be required to pay or incur any  sums to any person or entity as a result of our use or exploitation of  Your Content. At our request and in accordance with Mindstone’s  reasonable instructions, you will promptly delete the Website and/or the  App and not use the Mindstone Service to send, knowingly receive,  upload, download, use or re-use any of Your Content that would hinder  the performance of the Website, the App, and/or the Mindstone Service.

8.5  We are not responsible for Your Content or any Third Party Content  accessible on the Mindstone Service. You will reimburse Mindstone for  any liability it incurs in connection with any third party claim  relating to Your Content.

8.6 Mindstone may review Your Content  for compliance with these Terms and may, in its sole discretion, remove  any of Your Content from the Mindstone Service although it has no  obligation to review Your Content.

8.7 By using the Website and/or  the App and uploading any of Your Content, you permit us to extract  metadata for indexing and improved searchability purposes from any of  Your Content that you upload to the Website and/or the App. We do not  claim any ownership rights in Your Content or any other user’s content.  After uploading Your Content to the Website and/or the App, except for  the permissions granted to us hereunder, you continue to retain all your  rights in Your Content


9.1 Any  person may contact us and/or send us an “Infringement Notice” if any of  Your Content (or part thereof) available through the Mindstone Service  infringes their rights or fails to comply with our Rules of Acceptable  Use.

9.2 The Infringement Notice should be sent either by post to 190 High Holborn, London, England, WC1V 7BH, or by email at [email protected]. Please provide the information described below in the Infringement Notice:

9.2.1 your name and contact details;

9.2.2  a statement explaining in sufficient detail why you consider that the  content available through the Mindstone Service infringes your rights or  fails to comply with our Rules of Acceptable Use; and

9.2.3 a link to or such other means of identifying the problematic content.

We  will take the action that we believe is appropriate depending on the  nature of the Infringement Notice and will aim to respond to you within a  reasonable period of time on the action we propose to take.


10.1  While using the Mindstone Service, you may be able to write reviews on  the Website and/or the App for certain Courses. We take the integrity of  the Courses provided through the Mindstone Service very seriously. Any  attempt to manipulate any content or features of the Mindstone Service,  including by contributing misleading or false content, is strictly  prohibited.

10.2 In order to write reviews for a Course, you must have taken and completed that Course.

10.3 All reviews written on the Website and/or the App must:

10.3.1  be genuine and in accordance with the Rules of Acceptable Use and the  relevant requirement relating to Your Content set out in section 8  above;

10.3.2 not be regarding Your Content or the content of any  person/entity connected to you (e.g., relative, friends, business  associates, or competitor).

10.3.3 written in exchange for  compensation of any kind, or on behalf of any other person or entity.  You must also not offer or request compensation in exchange of writing  or modifying any reviews; and

10.3.4 not contain any advertisements or solicitations, including URLs with referrer tags or affiliate codes.

10.4  In addition to our rights set out in sections 8 and 9, breach of this  section 10 may also breach applicable laws and can lead to legal action  and civil and criminal penalties.

10.5 If you notice any reviews  on the Website and/or the App that may be in violation of this section  10, please notify us by emailing us at [email protected].


11.1  We need to collect certain personal information from you in order to  provide you with the services we make available through the Mindstone  Service.

11.2 We take privacy seriously and are committed to  ensuring your information is handled appropriately. Please read our  Privacy Policy at https://www.mindstone.com/privacy-policy to understand  how we collect, use and store information about you.


12.1 We may suspend or terminate your account if:

12.1.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 7.5 above; or

12.1.2 we suspect that you are doing something illegal.


13.1  Although we have taken all reasonable care to ensure that the features  and functionalities provided on the Mindstone Service are of a  reasonably satisfactory standard, certain features may rely on networks  and connections that are beyond our control. We shall therefore not be  liable or responsible for any failure to perform, or delay in  performance, of any of our obligations to you which is caused by events  outside our reasonable control.

13.2 We do not guarantee that the  Mindstone Service will be compatible with all or any hardware and  software which you may use. We do not guarantee that the Mindstone  Service will be available at all times or at any specific time. We may  modify, withdraw, or suspend the Mindstone Service or any part of it  without notice at any time.

13.3 Since the Mindstone Service is  provided for free, we shall not be responsible to you for any claim  arising out of the provision of the Mindstone Service.

13.4 We  will never be responsible for any loss or damage that is not reasonably  foreseeable or that is caused by a failure by you to comply with these  Terms.

13.5 We do not exclude or limit in any way our liability to  you where it would be unlawful to do so. This includes liability for  death or personal

injury caused by our negligence or the  negligence of our employees, agents or subcontractors or for fraud or  fraudulent misrepresentation.


14.1  From time to time we may automatically update the Mindstone Service to  improve performance, enhance functionality, reflect changes to our  products or regulations, or address security issues. Alternatively, if  you are using the App, we may ask you to update the App for these  reasons.

14.2 If you choose not to install such updates or if you  opt out of automatic updates you may not be able to continue using the  Mindstone Service.


15.1 We may  change these Terms from time to time. Any changes we may make to these  Terms in the future will be posted on the Mindstone Service and, where  appropriate, notified to you by email. By continuing to use and access  this Site following such changes, you agree to be bound by any changes  we make. Please review this page frequently to see any updates or  changes to these Terms.

15.2 The latest version of these Terms will always be available on the Website and in the App.


While  we take all reasonable precautions to keep the Mindstone Service free  from viruses, corrupt files and other malicious software, we cannot  guarantee this. We will not be liable for any loss or damage caused by a  virus, distributed denial-of-service attack, or other technologically  harmful material that may infect your device.


The  Mindstone Service may contain links to third party websites or  resources. Mindstone provides these links and resources only as a  convenience and is not responsible for the content, products, or  services on or available from those websites or in those resources, the  links displayed on such websites or the privacy practices of such  websites. We recommend that you read and consider these websites’  privacy policies and terms and conditions before providing any of your  personal information.


18.1 This section 18 only applies where the App has been downloaded from the Apple App Store.

18.2  These Terms are between you and us only and not between you and Apple,  Inc (“Apple”). Apple has no responsibility for the App or content

thereof. Your use of the App must comply with the App Store Terms of Service.

18.3  Apple has no obligation to furnish any maintenance and support services  with respect to the App. In the event of any failure of the App to  conform to any applicable warranty, you may notify Apple, and (where  applicable) Apple will refund the purchase price for the App to you. To  the maximum extent permitted by law, Apple will have no warranty  obligation whatsoever with respect to the App, and any other claims,  losses, liabilities, damages, costs or expenses attributable to any  failure to conform to any warranty will be solely governed by these  Terms and any law applicable to Mindstone as provider of the App.

18.4  You acknowledge and agree that Apple is not responsible for addressing  any claims you have or any claims of any third party relating to the App  or your possession and/or use of the App, including, but not limited  to:

18.4.1 product liability claims;

18.4.2 any claim that the App fails to conform to any applicable legal or regulatory requirement; and

18.4.3  claims arising under consumer protection or similar legislation, and  all such claims are governed by these Terms and any law applicable to  Mindstone as the provider of the App.

18.5 You acknowledge that,  in the event of any third-party claim that the App or your use of the  App infringes a third party’s intellectual property rights, Mindstone,  not Apple, will be solely responsible for the investigation, defence,  settlement and discharge of any such intellectual property infringement  claim to the extent required by these Terms.

18.6 You represent  and warrant that you are not located in a country that is subject to US  Government embargo, or that has been designated by the US Government as a  “terrorist supporting” country, and you are not listed on any US  Government list of prohibited or restricted parties.

18.7 Apple  and its subsidiaries are third-party beneficiaries of these Terms and  may enforce these Terms as related to your licence of the App against  you.


19.1 This  section 19 applies where the App has been downloaded from any app store  or distribution platform other than the Apple App Store, including the  Google Play Store and the Windows Store (the “Distribution Platform”):

19.1.1  you acknowledge that these Terms are between you and Mindstone, and not  with the provider of the Distribution Platform (“Store Provider”);

19.1.2 your use of the App must comply with the Store Provider’s Terms of Service;

19.1.3 the Store Provider is only a provider of the Distribution Platform;

19.1.4 Mindstone, and not the Store Provider, is solely responsible for the App;

19.1.5 the Store Provider has no obligation or liability to you with respect to the App or these Terms; and

19.1.6 you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms as it relates to the App.


20.1  The invalidity or unenforceability of any provision (in whole or part)  of these Terms shall not affect the validity or enforceability of the  remaining provisions (in whole or part). The whole or part of any  provision which is held by a court of competent jurisdiction to be  invalid or unenforceable shall be deemed deleted from these Terms.

20.2  These Terms are personal to you. You shall not be entitled to assign  these Terms in whole or in part to any third party without our prior  written consent.

20.3 We may transfer our rights and obligations  under these Terms to another organisation. We will always tell you in  writing if this happens and we will ensure that the transfer will not  affect your rights under these Terms.

20.4 Any failure by us to  enforce any of these Terms shall not be a waiver of them or limit the  right to subsequently enforce any of these Terms.

20.5 These Terms  shall be governed and construed in accordance with English law, and  (subject to the following sentence) the English courts shall have  exclusive jurisdiction to determine the interpretation and application  of these Terms if any dispute arises. However, if you are a resident of  Northern Ireland you may also bring proceedings in the courts of  Northern Ireland, and if you are resident of Scotland, you may also  bring proceedings in the courts of Scotland.

Last updated: 5th October 2021